Streltcova E. Contract of Carriage of Goods by Sea (comparative aspect).

Historical, legal and economic sources of formation of a contract of carriage of goods by sea are under analysis. The author comes to a conclusion that the contract of carriage was singled out of shipping trade and has evolved relatively independently of another contractual obligations. It is pointed out that the contract under question is mainly regulated by international law norms that essentially influence domestic legislation. This fact determines its specifics and its place among other subinstitutues of contractual law in the chain: transaction - contract on rendering services - transport obligations - contract of carriage by sea - contract carriage of goods by sea. The author examines characteristics and legal status of parties to the contract; kinds, forms and construction of the contract of carriage. Special attention is drawn to the Bill of Lading and the role this document plays in the carriage of goods by sea. The final part of the thesis is devoted to the legal mechanism of the contract fulfillment and responsibility of the parties; a carrier's limitation of liability and exclusion his liability due to exculpatory clauses. The author also analyses the order of dispute resolution arising out of the contract of carriage of goods by sea.